(The Center Square) – Virginia leaders filed an emergency application Monday asking the U.S. Supreme Court to pause last week’s ruling that struck down the commonwealth’s congressional redistricting amendment.
The application in Scott v. McDougle was directed to Chief Justice John Roberts in his role as Circuit Justice for the 4th U.S. Circuit Court of Appeals.
The filing was submitted by House Speaker Don Scott, D-Portsmouth, Senate Majority Leader Scott Surovell, D-Fairfax, Senate President Pro Tempore Louise Lucas, D-Portsmouth, and the state.
Attorneys say the state Supreme Court’s 4-3 ruling relied on an incorrect interpretation of federal election law by treating Virginia’s early voting period as part of the constitutional “election” rather than focusing on Election Day itself.
“The Supreme Court of Virginia invalidated an amendment to the Commonwealth’s Constitution that authorizes the General Assembly to adopt new congressional maps,” the filing states, calling the decision “deeply mistaken on two critical issues of federal law with profound practical importance to the Nation.”
The application says the ruling overturned congressional districts approved through Virginia’s constitutional amendment process and ratified by voters during April’s statewide referendum. The April 21 vote took place while litigation was ongoing for its validity.
The filing also points to approaching election deadlines tied to Virginia’s Aug. 4 congressional primaries.
According to the application, absentee ballots for military and overseas voters must be mailed by June 18, while ballot order must be finalized by May 28.
Attorneys say granting a stay would help reduce uncertainty for election officials preparing for the 2026 election cycle.
The state Supreme Court had not acted on a companion motion to stay its own ruling as of the filing, according to court records.
The office of Attorney General Jay Jones criticized the Virginia Supreme Court’s ruling and defended the decision to seek emergency review from the U.S. Supreme Court.
In a statement to The Center Square, Rae Pickett said the “Republican majority contorted the law to fit their political agenda” and “overturned an election where 3 million Virginians cast their votes.” Pickett said the office filed the appeal as part of its effort to continue pursuing legal options following last week’s ruling.
Court records also show Roberts requested a response to the emergency application by 5 p.m. Thursday.
